Plans to create a new internal market across all nations of the º£½ÇÊÓƵ following the ending of the EU transition period have been revealed, with the Welsh Government saying while supportive its framework had to agreed by all four governments.

This will see Wales from January 1, 2021, getting 70 new powers, currently overseen in Brussels, including for carbon, storage and capture, environmental legislation covering energy companies, bus franchising rules, waste management, air quality and organic farming (full list below by moving arrow at the bottom).

With the º£½ÇÊÓƵ leaving the EU at the end of this year, whether with a new trading deal or falling on WTO rules, the proposals set out in out in a º£½ÇÊÓƵ Government white paper, now out for a four week consultation, sets out a new internal market between the four nations of the º£½ÇÊÓƵ to support the inter-flow of trade.

The proposals highlight the principle of “mutual recognition,†so regulations from one part of the º£½ÇÊÓƵ will be recognised across the country to ensure the devolved administrations can set their own rules and standards, but “still welcome the trade of businesses based anywhere the º£½ÇÊÓƵ.â€

An internal market should make it easier for the º£½ÇÊÓƵ to strike new trade deals, but with concerns they could be achieved at the expense of the wishes of devolved administrations, with Scotland and Wales looking at closer regulatory alignment with the EU.

A Welsh Government spokesperson said: “We support having rules across the º£½ÇÊÓƵ to regulate the internal market, but these rules must be agreed between the four governments in the º£½ÇÊÓƵ, each of which has their own responsibility for economic development. Any new system must have independent oversight and dispute resolution.

“Unfortunately, the º£½ÇÊÓƵ Government has not managed to share the paper with us, and Welsh ministers have had no recent discussions with the º£½ÇÊÓƵ Government on these issues. Any attempt to unilaterally impose a system will be deeply damaging."

The Scottish Government has also signalled that it will resist an internal market which dilutes its devolved powers and voice. Its First Minister Nicola Sturgeon said: “Make no mistake, this would be a full scale assault on devolution - a blatant move to erode the powers of the Scottish Parliament in key areas. If the Tories want to further boost support for independence, this is the way to do it.â€

Business Secretary Alok Sharma said: “The º£½ÇÊÓƵ’s internal market has functioned seamlessly for centuries. When we exit the transition period at the end of the year, we want to ensure the most successful political and economic union of nations in the world continues to grow and thrive.

“This plan protects jobs and livelihoods. Without these necessary reforms, the way we trade goods and services between the home nations could be seriously impacted, harming the way we do business within our own borders

“Ensuring businesses will be able to continue trading freely across all four corners of the º£½ÇÊÓƵ without the burden of inconsistent regulation or additional costs will be essential as we fire up our economic engines as we recover from coronavirus.â€

Chancellor of the Duchy of Lancaster Michael Gove, said; “This plan is a power surge to the devolved administrations – giving them powers in dozens more areas. As powers flow back from Brussels to the devolved administrations in Edinburgh, Belfast and Cardiff - as well as to the º£½ÇÊÓƵ Government - we want to build on the good progress we have already made. We will develop new ways of working together and learning from each other to help create more opportunities for jobs and investment for businesses and citizens across the United Kingdom.Ìý

“So we will work over the coming weeks with the devolved administrations in Cardiff, Belfast and Edinburgh on a new structure for how we can cooperate better and share ideas, and we will be bringing proposals to the table to agree a way forward. We should be learning from one another, combining the expertise of each nation to share ideas, innovation and, where appropriate, put in place processes for voluntary cooperation.

“People right across the º£½ÇÊÓƵ want their Governments and institutions to work together at every level to improve their lives, and the º£½ÇÊÓƵ Government is committed to working to do this.â€

Under the plans Scotland would receive 111 new powers and Northern Ireland 157.


Ìý
Breakdown of areas of EU law that intersect with devolved competence in Scotland, Wales and Northern Ireland.
Ìý Ìý Ìý Ìý Ìý
Ìý Ìý Devolution intersect
No Policy area NI S W

1

 Consumer law including protection and enforcement

x

 Ìý Ìý

2

 Carbon capture and storage

x

x

x

3

 Elements of employment law

x

 Ìý Ìý

4

 Environmental law concerning energy industries

x

x

x

5

 Heat metering and billing information

x

x

 Ìý

6

 High efficiency cogeneration / Combined Heat and Power (CHP)

x

x

 Ìý

7

 Internal energy market / Third Energy Package

x

 Ìý Ìý

8

 Onshore hydrocarbons licensing

x

x

x

9

 Renewable Energy Directive

x

x

x

10

 Security of supply (emergency stocks of oil)

x

 Ìý Ìý

11

 Security of supply (gas)

x

 Ìý Ìý

12

 Environmental law concerning energy planning consents

x

 Ìý

x

13

 Transport of dangerous goods and transportable pressure equipment - Class 7 only

x

 Ìý Ìý

14

 GEO-Blocking

x

x

x

15

 Voting rights and candidacy rules for EU citizens in local government elections Ìý

x

x

16

 The Rental and Lending Directive (concerning library lending)

x

 Ìý Ìý

17

 Flood Risk Management

x

x

x

18

 Management of Waste from Extractive Industries

x

x

x

19

 Water Quality

x

x

x

20

 Water Resources

x

x

x

21

 Forestry (domestic)

x

x

x

22

 Land use

x

x

x

23

 Noise directives

x

x

x

24

 Airport charges

x

 Ìý Ìý

25

 Air Passenger Rights

x

 Ìý Ìý

26

 Aviation - compensating PSO air routes Ìý

x

x

27

 Aviation - groundhandling at airports

x

 Ìý Ìý

28

 Aviation noise management at airports

x

 Ìý Ìý

29

 Aviation Slots

x

 Ìý Ìý

30

 Bus Franchising rules

x

x

x

31

 Cableways

x

 Ìý Ìý

32

 Driver hours and tachographs

x

 Ìý Ìý

33

 Electronic road toll systems

x

x

x

34

 Elements of harbours (marine environment issues)

x

x

x

35

 Maritime - public service contracts/obligations, and financial assistance for shipping services which both start and finish within Scotland/to, from and within Wales Ìý

x

x

36

 Maritime – ports services and port reception facilities, including for ship-generated waste

x

x

x

37

 Maritime Employment and Social Rights

x

 Ìý Ìý

38

 Passenger rights (rail)

x

 Ìý Ìý

39

 Rail franchising rules - insofar as they do not relate to state aid rules

x

 Ìý Ìý

40

 Rail markets and operator licensing (governance, structure, track access & charging)

x

 Ìý Ìý

41

 Rail markets - train driving licenses and other certificates

x

 Ìý Ìý

42

 Rail safety

x

 Ìý Ìý

43

 Rail Workers Rights Directive

x

 Ìý Ìý

44

 Retrofitting of HGV mirrors

x

 Ìý Ìý

45

 Road infrastructure safety management

x

x

x

46

 Use of goods vehicles hired without drivers

x

 Ìý Ìý

47

 Charging of HGVs

x

x

x

48

 Coach and bus services

x

 Ìý Ìý

49

 Roadworthiness Directive

x

 Ìý Ìý

50

 Speed limitation devices

x

 Ìý Ìý

51

 Driver CPC (certificates of professional competence)

x

 Ìý Ìý

52

 Mutual recognition of qualifications (but not CPC)

x

 Ìý Ìý

53

 Safety specifications

x

 Ìý Ìý

54

 Trans European Transport Network

x

x

x

55

 Transporting Dangerous Goods by Rail, Road and Inland Waterway Directive

x

 Ìý Ìý

56

 Implementation of cross-border healthcare rights to treatment and reimbursement

x

x

x

57

 Elements of EU social security coordination

x

x

 Ìý

58

 Private cross border pensions

x

 Ìý Ìý

59

 Equal treatment legislation

x

x

x

60

 Health and safety at work

x

 Ìý Ìý

61

 Ionising radiation (occupational exposures)

x

 Ìý Ìý

62

 Environmental Impact Assessment (EIA) Directive

x

x

x

63

 Energy Performance of Buildings Directive

x

x

x

64

 Company law

x

 Ìý Ìý

65

 Late payment (commercial transactions)

x

x

 Ìý

66

 Efficiency in energy use

x

x

x

67

 Radioactive substances

x

x

x

68

 Recognition of insolvency proceedings in EU Member States

x

x

 Ìý

69

 Specified quantities and packaged goods legislation

x

 Ìý Ìý

70

 Public procurement

x

x

x

71

 Statistics

x

x

x

72

 Air Quality

x

x

x

73

 Biodiversity - Access and Benefit Sharing of Genetic Resources (ABS)

x

x

x

74

 Marine Environment

x

x

x

75

 Spatial Data Infrastructure Standards

x

x

x

76

 Natural Environment and Biodiversity

x

x

x

77

 Waste Management

x

x

x

78

 Access for non-º£½ÇÊÓƵ hauliers and passenger transport operations, plus combined transport

x

 Ìý Ìý

79

 Intelligent transport systems

x

x

x

80

 Operator licensing (roads)

x

 Ìý Ìý

81

 Rail technical standards (Interoperability)

x

 Ìý Ìý

82

 Driver licensing

x

 Ìý Ìý

83

 Compulsory (3rd Party) Motor Insurance - as per Part VI Road Traffic Act 1988

x

 Ìý Ìý

84

 Clinical trials of medicinal products for human use

x

 Ìý Ìý

85

 Elements of the regulation of tobacco and related products

x

x

x

86

 Good laboratory practice

x

x

x

87

 Medicinal products for human use

x

 Ìý Ìý

88

 Medicine prices

x

 Ìý Ìý

89

 Nutrition health claims, composition and labelling

x

x

x

90

 Blood safety and quality

x

x

x

91

 Organs

x

x

x

92

 Public health (serious cross-border threats to health) (notification system for pandemic flu, Zika etc)

x

x

x

93

 Tissues and cells (apart from embryos and gametes)

x

x

x

94

 Civil use of explosives

x

 Ìý Ìý

95

 Control of major accident hazards

x

x

x

96

 Genetically modified micro-organisms contained use (i.e. rules on protection of human health and the environment during the development)

x

x

x

97

 Hazardous substances planning

x

x

x

98

 Strategic Environmental Assessment (SEA) Directive

x

x

x

99

 Police and criminal justice cooperation - practical cooperation - European Judicial Network

x

x

 Ìý

100

 Police and criminal justice cooperation - practical cooperation - Joint Action on Organised Crime

x

x

 Ìý

101

 Police and criminal justice cooperation - practical cooperation - mutual legal assistance

x

x

 Ìý

102

 Police and criminal justice cooperation - data sharing - False and Authentic Documents Online (FADO)

x

x

 Ìý

103

 Police and criminal justice cooperation - agencies - EU-LISA

x

x

 Ìý

104

 Police and criminal justice cooperation - agencies - Eurojust

x

x

 Ìý

105

 Police and criminal justice cooperation - agencies - Europol

x

x

 Ìý

106

 Police and criminal justice Cooperation - data sharing - European Criminal Records Information System (ECRIS)

x

x

 Ìý

107

 Police and criminal justice cooperation - data sharing - Prüm framework

x

x

 Ìý

108

 Police and criminal justice cooperation - data sharing - Schengen Information System (SIS II)

x

x

 Ìý

109

 Police and criminal justice cooperation - minimum standards legislation - cybercrime

x

x

 Ìý

110

 Police and criminal justice cooperation - minimum standards legislation - human trafficking

x

x

 Ìý

111

 Police and criminal justice cooperation - practical cooperation - asset recovery offices

x

x

 Ìý

112

 Police and criminal justice cooperation - practical cooperation - basic cooperation legislation on child sexual exploitation

x

x

 Ìý

113

 Police and criminal justice cooperation - practical cooperation - Convention Implementing the Schengen Agreement (law enforcement cooperation)

x

x

 Ìý

114

 Police and criminal justice cooperation - practical cooperation - European Investigation Order

x

x

 Ìý

115

 Police and criminal justice cooperation - practical cooperation - joint investigation teams

x

x

 Ìý

116

 Police and criminal justice cooperation - practical cooperation - mutual recognition of asset freezing orders

x

x

 Ìý

117

 Police and criminal justice cooperation - practical cooperation - mutual recognition of confiscation orders

x

x

 Ìý

118

 Police and criminal justice cooperation - practical cooperation - Swedish initiative

x

x

 Ìý

119

 Regulatory systems - firearms - deactivation standards and techniques

x

 Ìý Ìý

120

 Regulatory systems - firearms - illicit manufacturing and trafficking

x

 Ìý Ìý

121

 Regulatory systems - firearms - control on acquisition and possession of weapons

x

 Ìý Ìý

122

 Police and criminal justice cooperation - practical cooperation - cooperation on football disorder

x

x

 Ìý

123

 Police and criminal justice cooperation - accreditation of Forensic Service Providers (FSP) and mutual recognition of results of FSPs - Prüm Framework

x

x

 Ìý

124

 Police and criminal justice cooperation - agencies - CEPOL

x

x

 Ìý

125

 Police and criminal justice cooperation - data sharing - passenger name records (PNR)

x

x

 Ìý

126

 Regulatory systems - minimum standards legislation - the protection of animals used for scientific purposes

x

 Ìý Ìý

127

 Civil judicial co-operation - applicable law in contracts and non-contractual obligations

x

x

 Ìý

128

 Civil judicial co-operation - cross border mediation (Mediation Directive)

x

x

 Ìý

129

 Civil judicial co-operation - jurisdiction and recognition and enforcement of judgments in civil and commercial matters

x

x

 Ìý

130

 Civil judicial co-operation - jurisdiction and recognition and enforcement of judgments: instruments in family law

x

x

 Ìý

131

 Civil judicial co-operation - legal aid in cross border cases

x

x

 Ìý

132

 Civil judicial co-operation - service of documents and taking of evidence

x

x

 Ìý

133

 Civil judicial co-operation - uniform fast track procedures for certain civil and commercial claims

x

x

 Ìý

134

 Criminal offences minimum standards measures

x

x

 Ìý

135

 Mutual recognition of criminal court judgments measures and cross border cooperation

x

x

 Ìý

136

 Procedural rights (criminal cases) – minimum standards measures

x

x

 Ìý

137

 Provision of legal services (temporary and permanent basis)

x

x

 Ìý

138

 Sentencing - taking convictions into account

x

x

 Ìý

139

 Victims’ rights measures in criminal cases – minimum standards (Victims’ Rights Directive)

x

x

 Ìý

140

 Implementation of EU Emissions Trading System (EU ETS)

x

x

x

141

 Mutual recognition of professional qualifications (MRPQ)

x

x

x

142

 Services Directive

x

x

x

143

 Agricultural support

x

x

x

144

 Agriculture - GMO marketing and cultivation

x

x

x

145

 Agriculture - zootech

x

x

x

146

 Fisheries management & support

x

x

x

147

 Ozone depleting substances and F-gases

x

x

x

148

 Animal health and traceability

x

x

x

149

 Animal welfare

x

x

x

150

 Chemicals

x

x

x

151

 Waste packaging and product regulations

x

x

x

152

 Pesticides

x

x

x

153

 Plant health, seeds and propagating material

x

x

x

154

 Food compositional standards

x

x

x

155

 Food labelling

x

x

x

156

 Chemicals Regulation (including pesticides)

x

x

x

157

 Agriculture - organic farming

x

x

x

158

 Agriculture - fertiliser regulations

x

x

x

159

 Reciprocal Healthcare

x

x

x

160

 Food and feed safety and hygiene law

x

x

x
Ìý Ìý

157

111

70